Landmark Ruling Says New Mexico Casinos Can’t be Sued in State Courts
Posted on: January 20, 2024, 03:49h.
Last updated on: January 20, 2024, 03:49h.
New Mexico’s Supreme Court has ruled that personal injury claims against tribal casinos must be heard in tribal and not state courts. The ruling will be welcomed by the state’s tribes, which have long viewed the issue as a question of sovereignty.
Generally, in the US, legal claims arising from incidents that occur on tribal lands fall under the jurisdiction of tribal courts. But New Mexico was slightly different because of a controversial “visitor protection” provision that was inserted into the tribes’ gaming compacts. This allowed such cases to be heard in the state District Court under certain circumstances.
Sovereign Authority
Some civil litigants would prefer their cases to proceed through state courts because of the perception that they might not get a fair hearing and that tribal courts might favor the interests of the casinos.
But advocates for greater tribal sovereignty argue that tribal courts are perfectly capable of handling such matters fairly and impartially.
They also argue that the federal Indian Gaming Regulatory Act, which codified tribal gaming rights in 1988, did not authorize state courts to exercise jurisdiction over personal injury claims against the casinos.
Tuesday’s landmark ruling stemmed from a case brought by Jeremiah Sipp, an employee of Dial Electric, which sold lights to the Buffalo Thunder Casino in Santa Fe.
Sipp sued the casino’s owner, the Pueblo of Pojoaque, in the state court in 2016 alleging that he was injured while delivering lights after a casino employee abruptly lowered a garage door onto his head. Sipp claimed he was knocked unconscious and suffered a cervical spine injury that required major surgery.
Unanimous Decision
The Pojoaque Pueblo asked the state Supreme Court to determine the question of jurisdiction in the case. On Tuesday, the court ruled unanimously for the tribe, pointing to previous decisions in two federal cases, which it said effectively terminated the visitor protection provision.
One involved a lawsuit against the Santa Ana Star Casino in Bernalillo, N.M. which accused the casino of over-serving alcohol resulting in a fatal car accident. ‘
The other was brought by a plaintiff who slipped and fell at the Navajo Northern Edge Casino in Farmington, N.M. The US Supreme Court declined to hear that case or overturn the lower court ruling that jurisdiction belonged with the Navajo Nation.
The Pueblo of Pojoaque is very happy to receive this important ruling which properly ends tribal gaming tort-claims jurisdiction-shifting to New Mexico state courts,” pueblo Gov. Jenelle Roybal wrote in a statement to The Santa Fe New Mexican.
“This decision vindicates the sovereign authority of all Indian Pueblos and Nations in New Mexico and confirms that the State is bound by its gaming compact with us. We look forward to implementation of this decision going forward,” Roybal added.
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Last Comments ( 3 )
Sovereign nations pay taxes and support their own nations. This is what happens when you have a country, not to mention the state of New Mexico, enabling them, and letting them play the sovereignty card when it is convenient. They don’t even like the race that spends the most money in the Indian casinos.
Sovereignty? They know what SOVEREIGNTY means when it’s convenient for them. Sovereign nations don’t live off United States Government grants and loans and handouts. SOVEREIGN nations don’t exist without paying taxes. The United States of America PLEDGE OF ALLEGIANCE says “One nation under God.” But since Indians claim to be sovereign yet they have their own rules it’s now “Two nations under God. 1) Blacks Whites Asians and then 2) Indians. You win and that’s all that’s important. You win by default because your race cannot be trusted. Your word and signature on co traces meant nothing. You changed the rules when it was time to be responsible. You make me sick.
I SUGGEST THAT ALL INDIAN CASINOS IN NEW MEXICO (actually then entire country) NOTIFY EVERY CASINO VISITOR THAT ENTERS ONTO TRIBAL LAND) THAT IF THEY ARE INJURED IN THEIR CASINOS, THEY CANNOT SUE FOR DAMAGES AND HAVE THEIR CASE BE HEARD IN U.S COURT. THE CASE WILL BE HEARD IN TRIBAL COURT. THERE WILL BE A NATIVE JUDGE- AN ALL NATIVE JURY (THE JURY WILL BE SELECTED FROM A POOL OF NATIVES WHO ARE FROM THE INDIAN TRIBE YOU ARE SUING) AND TRIBAL LAWS WILL BE ENFORCED. EVERY VISITOR SHOULD KNOW THAT THEIR MONEY IS VERY IMPORTANT. EVERY VISITOR SHOULD KNOW THAT IF AND WHEN THEY SUFFER A CATASTROPHIC INJURY DUE TO THE CASINOS NEGLIGENCE - YOU ARE SCREWED. I LIVE IN THE REAL WORLD. BILLIONS OF DOLLARS ON REVENUE- YEARLY- TAX FREE- AND THE INJURED VISITOR WHO WAS INJURED AT AN INDIAN CASINO STANDS BEFORE AN INDIAN JUDGE- ALL INDIAN JURY AND INDIAN LAWS? OH SURE PAL- THEY SEE NO JUSTICE FOR THEIR RACE IN U.S. COURT WITH NON NATIVES RUNNING THE SHOW YET WE WHITE OR BLACK OR ASIAN FOLKS (who by the way make up about 93% OF THE VISITORS WHO MAKE THEM BILLIONS AT THEIR INDIAN CASINOS) are supposed to believe for one second that we will get justice? I’d say that we non natives should never ever ever enter into any Indian casinos at all ever…Ever. Let the Indian casinos open their doors to Natives only. Those Indian casinos would be bankrupt in 6 months. Maybe they would then begin to respect the rest of society and actually protect the visitors. Rather than signing compacts stating how they agree to protect visitors and allow them to sue for damages in the white or black or Asian man’s court where justice would be served. I hope and pray that every Indian casino in this country gets exactly the KARMA they deserve. Any person or business or es who signs an agreement to get what they want then fails to stand behind their signatures and word, sells their souls to the devil in exchange for MILLIONS of dollars, only to back out and refuse to do the right thing, has failed every single Indian who ever walked the face of the earth. Bye